This week, a new Commissioner of the Food and Drug Administration (FDA) took the oath of office, but not the access credentials for @FDACommissioner on Twitter. Instead, Dr. Stephen M. Hahn began tweeting at @SteveFDA, after FDA staff changed the … Continue reading
Like Google, Facebook and Twitter, Snapchat now has an online political ad library. That’s good news: every technology company that accept money to run issues and campaign ads should have a political ad file – particularly one that has aspirations … Continue reading
In a world where corruption and maladministration allow injustice, tolerate criminality, or even lead to avoidable deaths, what public officials do on social media can fly under the radar as a matter deserving public attention. And yet, the United States … Continue reading
In May 2019, a new White House campaign to collect data on social media bias is raising free speech and privacy alarms – and the Trump administration has been far less than transparent about the project’s purpose or the policies … Continue reading
There’s no shortage of commentary from partisans, pundits, politicians, and political reporters about who “won” or “lost” last night’s Democratic presidential debate on NBC News, honing in on how the candidates performed, rose, fell, responded or rebutted one another, or … Continue reading
On May 10, the Select Committee on the Modernization of Congress in the United States House of Representatives held a hearing on “opening up the process,” at which 4 different experts talked with Congress about making legislative information more transparent,” from ongoing efforts to proposed reforms to the effect of sunshine laws passed decades ago.
If you’re not up to speed on this committee, it was established on January 4, 2019 the House voted in favor of establishing the Select Committee by an overwhelming margin (418-12) by adopting of Title II of H.Res.6, the Rules of the House of Representatives for the One Hundred Sixteenth Congress, with a sole authority of investigating, studying, holding public hearings, making finding, and developing recommendations to modernize Congress – but no legislative jurisdiction nor ability to take legislative action. The committee has has been fairly described by IssueOne as “the best opportunity in decades” for Congress to improve itself, by looking inward.
The two hours of discussion on May 10 mostly added up to good news for good government, with useful summaries of progress opening up Congress to date from the deputy clerk of the House, proposed recommendations and reforms from GovTrack founder Josh Tauberer and DemandProgress policy director Daniel Schuman that would build on that progress, and some skepticism of sunshine in the legislative process from University of Maryland professor Frances Lee.
I attended the hearing and tweeted from it, as has been my practice for nearly a decade in DC:
The thread of tweets above, however is not meant to be comprehensive, nor could it be fully contextualized in the moment. For that, watch the hearing on YouTube, in the video embedded below:
…and read a summary of the hearing from the Congressional Institute, reporting from Federal Computer Week on “transparency through technology” and Roll Call on ongoing development of an “artificial intelligence engine” (applying machine-learning to structured legislative data), and the latest edition of Demand Progress’ First Branch Forecast, in which Schuman summarizes his testimony and aspects of the hearing.
He and Tauberer recommended from appointing a legislative branch Chief Data Officer, releasing structured data that would feed into the clerk’s tool to show how proposed amendments would change bills, and enact a mandate and open standards for a unique identifier for lobbyists across the U.S. government. Whether those ideas make it into the committee’s recommendations remains to be seen, but they’re worth weighing – along with further studying of the value or risk of increasing or decreasing public access to various aspects of the deliberative processes that constitute legislative and oversight activities.
On a meta note, the process on display at this forum was notable for comity between witnesses and members, openness to the public and press, and engagement online.
The medium is still the message, when it comes showing (not telling) how open a given institution is.
While paying attention to the digital component has become downright mundane in 2019, the Committee demonstrated admirable competence, streaming the hearing online at YouTube, publicized it on social media prior to the event, engaged with the public during the hearing, and published testimony on its website afterwards. (Unfortunately, there’s no text transcription of the hearing on the hearing page. Given the committee’s acknowledgement of the importance of accessibility, it should make sure to get transcripts online.)
As at the most recent “Congressional hackathons,” Members of Congress were able to show good government, ethics and transparency, far away from partisan rancor over white hot political issues or Congressional attempts to conduct constitutional oversight of a corrupt administration.
If you’re interested in following the activities of the committee or providing feedback, visit Modernizecongress.House.gov and scrub in: the People’s House will only be as open, accessible, accountable, and effective as we make it – or demand it to be. There’s no one else coming to help.
Livestreaming is not new to American politics in 2019. presidential candidates started using uStream in 2008. But it is much easier than ever before. Recent advances in smartphones and wirelesss Internet access have radically improved the capacity of politicians and … Continue reading
Less than a year after I called for tech companies to publish a a public political ad file as open data online, Facebook has committed to doing so this August, through an API. Working with Congress to draft a law … Continue reading
This past week, Facebook launched a new political ad transparency website. Facebook believes that “shining a light on ads” will increase transparency, which in turn “will lead to increased accountability & responsibility over time – not just for Facebook but advertisers as well.“
I think they’re right — which should be no surprise given my focus on advocating for more political transparency in Washington over the two years I spent at the Sunlight Foundation — but reviewing reports of unlabeled political ads is going to be hard.
Overall, this site is a welcome step towards more transparency, but misses the mark. The site only “exceeds expectations” if you think a search interface that exposes no underlying data is sufficient to inform the public and regulators.
In my initial assessment, I concur with journalists who found Facebook’s new political ad system is missing a lot, as ProPublica reported. (Please install ProPublica’s political ad collector so they can inform the public about how well Facebook’s tool actually works.)
It was easy to use @Facebook‘s new archive of “ads with political content” – essentially a simple search tool for paid political ads that have run since May 7, 2018 – once I got on my laptop and logged in. I found recent ads that matched Trump, Clinton, gun control & corruption. pic.twitter.com/Fhx0lrMzBE
— Alex Howard (@digiphile) May 24, 2018
On the one hand, it was easy to use Facebook’s new archive of “ads with political content” – essentially a simple search tool for paid political ads that have run since May 7, 2018 – at least once I got on my laptop and logged into Facebook. I found recent ads that matched Trump, Clinton, gun control and corruption.
If you click on “see ad performance,” you can learn more about each ad.
If you click “see ad performance,” you see the ad content, who paid, when it was active, how many impressions it received, total spent, & breakdown of audience by age, gender & location.
But clicking “view all ads” brings you to aggregate search results, NOT the page or a profile pic.twitter.com/8XtzmWqdYy
— Alex Howard (@digiphile) May 24, 2018
If you click on the username, you arrive at the Page behind the ads. Unfortunately, there’s no tab for political ads or link to this archive. It’s hard to see how folks will find them, without it.
If you click on the username – in this case, Donald Trump, @realDonaldTrump‘s campaign account on @Facebook – you arrive at the Page behind the ads. Unfortunately, there’s no tab for political ads or link to this archive. It’s hard to see how folks will find them, without it. pic.twitter.com/EASlccVAhF
— Alex Howard (@digiphile) May 24, 2018
As I noted on Twitter, however, there’s one more critical wrinkle: you can’t get to the page unless you’re logged into Facebook!
This would be hilariously ironic, if it weren’t for the context of Russian interference and how Facebook handled it. Self-regulation is not enough.
As sociology professor Zeynep Tufecki noted, no one — whether member of the public, the press, watchdog, academic, regulator or legislator – should have to agree to Facebook’s Terms of Service and become a user to access political data.
😱 You shouldn’t have to agree to Facebook TOS in order to access information about political reports. In fact, that is a core problem. I’ve seen examples where schools put *emergency* information on Facebook and people have to agree to FB TOS to learn whether children are safe. https://t.co/6kmsOXgYgu
— zeynep tufekci (@zeynep) May 24, 2018
To Facebook’s credit, the director of product at Facebook, Rob Leathern, responded publicly to Tufecki on Twittter, stating that this page is a first step:
“More ways are coming to make the ads with political content and information more accessible to people. One of those is an API, another is exploring opening the archive to people not on Facebook. We started with the Facebook community to see how they use the tool and gain feedback from third parties, including our newly-formed Election Commission. We’ll continue to update on our progress.”
If Facebook started with open data with no log-in, they could have gotten feedback from third parties like the Center for Responsive Politics or the public. No one should have to be part of Facebook’s “community” to understand who is buying electioneering on the platform, for whom, and what’s being shown.
As I commented to Leathern, if Facebook is only “exploring” making this archive open to people not on Facebook, then it is not implementing the Honest Ads Act, as its staff has claimed to Congress and the public. I asked Facebook to post a public ad file as bulk open data on the open Web.
Leathern told me that “we have prioritized getting the archive in the hands of people to use (as of today) + will follow up soon with an archive API. Thank you for the feedback, we are definitely listening.”
That’s good news, but not good enough.
Real transparency at Facebook will look like a public file of all paid political ads that are disclosed on a public website with bulk open data downloads and an API, none of which require the public to log into the site.
The good news is that I think Facebook understands this page as a start, not an end. In a post that closes matches what he told me, Leathern wrote that they’re “working closely” with a new “Election Commission” to launch an API for the archives.
It’s good news, but no deadline cited.
It’s hard for me not to be happy that Facebook is finally explicitly embracing political ad transparency in words and (some) deeds, including public soul searching about what constitutes a political ad and a policy.
It’s just long overdue. Ultimately, elected representatives should be the ones to enact standards for transparency for political ads online after debate, not tech company executives.
Until Congress and other legislatures around the world empower regulators like Federal Election Commission by updating electioneering rules and enacting standards for disclaimers and disclosures, however, I’m glad to see positive actions.
I hope Facebook, its founder and its staff deliver on its most recent promises and their public obligations. Given past, current or predictable interference, opacity is unpatriotic.
When the president or others with access to his Twitter account block American citizens from following @realDonaldTrump based upon the viewpoints they express, it violates their First Amendment rights.
In a historic decision, a federal judge ruled today that it is unconstitutional for President Donald J. Trump to block his critics on Twitter, as portions of @realDonaldTrump account constitute a public forum, which means blocking them based on their political speech violates the First Amendment:
We hold that portions of the @realDonaldTrump account — the “interactive space” where Twitter users may directly engage with the content of the President’s tweets — are properly analyzed under the “public forum” doctrines set forth by the Supreme Court, that such space is a designated public forum, and that the blocking of the plaintiffs based on their political speech constitutes viewpoint discrimination that violates the First Amendment. In so holding, we reject the defendants’ contentions that the First Amendment does not apply in this case and that the President’s personal First Amendment interests supersede those of plaintiffs.
This is a historic win for the First Amendment and the public’s right to access official statements and participate in public discourse regarding those statements.
As I highlighted last year, tweets by @realDonaldTrump are official statements from the President, which means that the public has a right to equal access and participation around them, even when their speech is hosted on a private platform. The public interest argument was clear then:
“A president’s statements are not just made for people who voted for him or support his policies or politics.
Unfortunately, Trump is not alone: other local, state and federal politicians are also blocking their constituents on Twitter.
Doing so sends the wrong message to the public about whom they serve. Listening and responding to members of the public that they represent is a minimum expectation for public servants in any democratic state, whether those voices are raised in protest, petition, email, send letters or reply on social media. While there are practical challenges to making sense of millions of emails, tweets, call or letters, blocks are not the solution to filter failure.”
No President should block Americans from reading his official statements, replying or interacting with others here.
No other public servant should block constituents, either, from city councilors and alderman to judges, governors and mayors.
On Twitter, officials and politicians who have blocked constituents now consider policies to Mute accounts if someone is being vile or abusive, with transparency about guidelines and use. Users who abuse one another are already subject to accountability for violations of @Twitter rules, which could be reported by officials or civil society.
As the judge noted, addressing President Trump blocking people is legally tricky.
While we reject defendants’ categorical assertion that injunctive relief cannot ever be awarded against the President, we nonetheless conclude that it is unnecessary to enter that legal thicket at this time. A declaratory judgment should be sufficient, as no government official — including the President — is above the law, and all government officials are presumed to follow the law as has been declared.
President Trump should acknowledge the ruling and follow the law, unblocking everyone. Whether he’ll embrace such a change on his social platform of choice isn’r clear at all — especially given his refusal to follow security protocols for his iPhone, despite the risk of nation states spying on him.
In the wake of this ruling, the president should acknowledge the ruling in a video & tweeted post, work with Twitter to unblock everyone, and apologize for engaging in viewpoint-based discrimination and chilling the speech of his constituents, the American public.
But I doubt Trump will.
So, here’s a different idea. It would be an unprecedented move for an unprecedented presidency, but I hope Jack Dorsey and his board will seriously consider removing the Block feature from all official government accounts verified by Twitter.
If code is law and law is now encoded, one way for Twitter to embrace its DNA as a 21st century platform for free speech is to make open, public access to official statements the default, putting pressure on Facebook, Google and others to follow.